ACPA Concrete Pavement Progress Fall 2024

CONCRETE PAVEMENT PROGRESS 10 WWW.ACPA.ORG CARBON TRANSPORTATION MATERIALS A Deeper Look at the LowCarbon Transportation Materials Grant Program Brian A. Jesse and Rielly J. Lund THE ISSUE OF GREENHOUSE GAS EMISSIONS HAS BECOME AN INCREASING FOCUS OVER RECENT YEARS. The Environmental Protection Agency (EPA) closely monitors greenhouse gas emissions and publishes an annual report estimating the total national greenhouse gas emissions and removals associated with human activities across the United States.1 With emissions on the rise, agencies are looking for ways to combat this growing problem. This has resulted in the Low-Carbon Transportation Materials grant program. What is the Low-Carbon Transportation Materials Grant? The Federal Highway Administration (FHWA) created a grant program called the Low-Carbon Transportation Materials (LCTM) grant through the Inflation Reduction Act to help reduce greenhouse emissions that is codified in federal statute.2 On March 24, 2024, the FHWA announced the availability of $2 billion to fund low carbon materials that create less pollution of greenhouse gas emissions. Greenhouse gas is defined within the statute as “the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons and sulfur hexafluoride.”3 The funds are to remain available until September 30, 2026, under the LCTM program. What Products are Eligible Under the LCTM Program? Eligible construction products are those described by the EPA to have substantially lower levels of embodied greenhouse gas emissions with all relevant stages of production, use and disposal, including concrete (and cement), glass, asphalt mix and steel.4 The EPA issued an interim determination on December 22, 2022 to interpret the phrase “substantially lower.”5 The interim determination defined “substantially lower” as “a global-warming potential (GWP) that is in the best performing 20% (top 20% or lowest 20% in embodied greenhouse-gas emissions), when compared to similar materials/ products.”5 Who is Eligible to Receive Grant Awards? The statute lists who is an eligible recipient under the program.6 An eligible recipient is defined in the program statute as: 1. A State. 2. A unit of local government. 3. A political subdivision of the United States. 4. A territory of the United States. 5. An entity described in Section 207(m)(1) (E) (Federally recognized Tribes). 6. A recipient of funds under Section 203 (Federal Land Management Agencies). 7. A metropolitan planning organization (as defined in Section 134(b)(2)); or 8. A special purpose district or public authority with a transportation function. The first stage of the program is to award $1.2 billion to State Departments of Transportation (including the District of Columbia and Puerto Rico) through a Request for Application (RFA).4 The RFA process for states closed on June 10, 2024, with awards anticipated in September 2024. The remaining $800 million of the program is expected to be available for non-state applicants, including metropolitan planning organizations, local governments or agencies, federally recognized tribes, federal lands management agencies and other agencies through a notice of funding opportunity.4 What Types of Projects Qualify? The statute lists what type of projects are eligible for LCTM funding.7 The projects eligible are: 1. Federal-aid highways. 2. Tribal transportation facilities.

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